Further comments by the State party
12.1 In its complementary submission dated 8 February 2000, the State party states that there was never any
refusal on the part of Viet Nam to accept the repatriation of the authors. The State party adds that for many
years it has been faced with difficulties when trying to repatriate Vietnamese citizens, and that the acceptance
of the Vietnamese authorities in this respect was a result of lengthy discussions between the two countries
concerned regarding a large number of repatriation cases.
12.2 The State party states that the Swedish Embassy in Hanoi has confirmed that although the Vietnamese
language has different dialects, with differences in pronunciation and sometimes vocabulary, these differences
are not significant. The State party further points out that the written language is the same in all parts of the
country.
12.3 Finally, with reference to Mr. V.X.N.'s claim that he would risk ill-treatment by a private person, the
State party wishes to underline that no evidence has been brought forward to suggest that the Vietnamese
authorities would be incapable of affording the author appropriate protection against such treatment. The State
party states that the jurisprudence mentioned by counsel in this respects concerns solely the interpretation of
the European Convention on Human Rights and is not applicable to the Convention against Torture.
Issues and proceedings before the Committee
13.1 Before considering any claims contained in a communication, the Committee against Torture must
decide whether or not the communication is admissible under article 22 of the Convention. With reference
to article 22, paragraph 5 (a), of the Convention, the Committee takes note of the State party's view that the
cases of the authors have already been examined by UNHCR to ascertain whether or not an expulsion would
be compatible with the State party's obligations under article 33.2 of the 1951 Refugee Convention. The
Committee notes, however, that neither the 1951 Refugee Convention nor the Statute of UNHCR provides for
the establishment of a procedure of international investigation or settlement. The Committee considers that
a written opinion or advice given by a regional or international body on a matter of interpretation of
international law in relation to a particular case does not imply that the matter has been subject to international
investigation or settlement.
13.2 The Committee is further of the opinion that all domestic remedies have been exhausted and finds that
no further obstacles to the admissibility of the communications exist. Since both the State party and the authors'
counsel have provided observations on the merits of the communications, the Committee proceeds with the
consideration of those merits.
13.3 The Committee must decide, pursuant to article 3, paragraph 1, of the Convention, whether there are
substantial grounds for believing that the authors would be in danger of being subjected to torture upon return
to Viet Nam. In reaching this decision, the Committee must take into account all relevant considerations,
pursuant to article 3, paragraph 2, of the Convention, including the existence of a consistent pattern of gross,
flagrant or mass violations of human rights. The aim of the determination, however, is to establish whether the
individuals concerned would be personally at risk of being subjected to torture in the country to which they
would return. It follows that the existence of a consistent pattern of gross, flagrant or mass violations of human
rights in a country does not as such constitute a sufficient ground for determining that a particular person would
be in danger of being subjected to torture upon his/her return to that country; additional grounds must exist to
show that the individual concerned would be personally at risk. Similarly, the absence of a consistent pattern
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